The Spanish administration has enacted a series of new policies during the COVID-19 crisis to preserve social and economic stability, including stringent limitations on online gambling promotions.
On March 31st, the Spanish government published Royal Decree-Law 11/2020, Article 37, in the Official State Gazette, which specifies that gambling operators’ audio-visual communications are only permissible between 1 am and 5 am.
This new advertising window was established in the gambling marketing regulations modifications released by the government in February.
However, the decree provides an exemption for advertising surrounding live sporting events that commence between 8 pm and 5 am. As there are presently no sporting events, this effectively eliminates advertising on Spanish screens.
Communications on digital platforms will also be impacted, prohibiting individual email communications and direct advertising on social media.
Moreover, operators are forbidden from participating in recruitment or retention endeavors that provide financial inducements, rewards, reductions, complimentary wagers or games, odds enhancements, or any other type of award.
Supervisory bodies will carefully scrutinize advertising content and have cautioned operators against suggesting or explicitly referencing the outbreak, or promoting gambling as a method to alleviate tedium.
The administration has taken action following local media reports that gambling activity has surged in recent weeks, rather than declined, as disclosed by the nation’s gambling regulator, the Spanish Directorate General for the Regulation of Gambling (DGOJ).
Spain has become the most recent nation to introduce fresh advertising controls or directives in response to the COVID-19 pandemic, with its state-owned lottery enterprise, Loterías y Apuestas del Estado (SELAE), halting operations.
The Malta Gaming Authority has cautioned licensees against mentioning COVID-19 in their commercial communications, while the Dutch regulator, Kansspelautoriteit, will impose an additional €50,000 penalty for marketing campaigns that reference the pandemic.
In the meantime, the European Gaming and Betting Association (EGBA) has coordinated action among several operator associations across Europe, developing new guidelines for members.
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